Sentences with phrase «loss of future earning capacity»

The evidence indicated the likelihood of a viable claim for loss of future earning capacity as well as a not - insignificant claim for general damages.

The court did a great job reviewing applicable case law addressing loss of future earning capacity at paragraphs 53 - 68 of the reasons for judgement.

This is discussed in more detail below under loss of future earning capacity.

The award made for loss of future earning capacity can not be characterized as unreasonable or wholly erroneous.

[91] I conclude Ms. Verge is entitled to compensation for loss of future earning capacity in two areas: loss of future farm earning capacity and future loss of earning from employment.

(d) The two possible approaches to assessment of loss of future earning capacity are the «earnings approach» and the «capital asset approach»; see Brown v. Golaiy (1985), 26 B.C.L.R. (3d) 353 at para. 7 (S.C.); and Perren v. Lalair, 2010 BCCA 140 at paras. 11 - 12;

Generally a claim for loss of future earning capacity raises two key questions: 1) has the claimant's earning capacity been impaired by his or her injuries; and, if so, 2) what compensation should be awarded for the resulting financial harm that will accrue over time?

The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings.

[24] The plaintiff also claims loss of future earning capacity because of inability to obtain employment on the log booms.

In this ICBC personal injury case the claimant sought injury compensation of over $ 865,000, with loss of future earning capacity at over $ 618,000.

The Court of Appeal found the award for loss of future earning capacity rested on a finding Mr. Fadai's disinhibition and incapacity for self - regulation would lead to a loss of employment and challenges in securing employment.

The court also awarded more than $ 197,000 in damages for the plaintiff's loss of future earning capacity in relation to his business, and another $ 175,000 in non-pecuniary damages to compensate him for his pain and suffering.

In Kweon the ICBC claimant was awarded $ 165,000 for Loss of future earning capacity and $ 175,000... Continue reading →

If your crash was caused by the negligence of another person or entity, you may be able to recover compensation for your medical bills, lost wages, and loss of future earning capacity.

Compensation usually covers one or more of the following: medical expenses, lost wages and loss of future earning capacity, pain and suffering, loss of consortium, punitive damages.

He then presses the insurance company to reach a fair settlement of damages for medical expenses, hospitalization, loss of income, loss of future earning capacity and pain and suffering.

Under the Jones Act and federal maritime law, injured offshore workers may qualify to receive compensation for damages, including lost wages, medical expenses, pain and suffering, and loss of future earning capacity.

The court varied the cost award by lowering the award for loss of future earning capacity / loss of future earnings from $ 1,065,000 to $ 750,000.

The court awarded $ 321,000 in general damages, $ 100,000 in special damages and home adaptation, $ 100,000 for the «in trust» claim, and $ 1,065,000 for loss of future earning capacity / loss of future earnings.

A seaman may also seek compensation for economic losses such as past wage loss and loss of future earning capacity.

This case affirms, despite what ICBC says to claimants without lawyers, an award for loss of future earning capacity is available in soft tissue injury cases in which claimants have suffered little or no loss of income: Hu v. Tan, 2016 BCSC 908.

Despite this, we were able to persuade the court to award Ryan $ 90,000.00 for his loss of future earning capacity by proving that there was a reasonable possibility that Ryan's career would be cut short as a result of his injuries at some point in the future.

This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store... Continue reading →

When a brain injury translates to loss of future earning capacity, we fight to ensure appropriate financial compensation is provided for ongoing rehabilitation, and life style.

The total award for this personal injury claimants was as follows: (1) Pain and suffering - $ 75,000; (2) Loss of future earning capacity - $ 300,000 see: Pallos v. ICBC; (3) Cost of future care - $ 4,750; and (4) Out of pocket expenses - $ 1,130.

As to loss of future earning capacity, I accept that Mr. Wiebe took his present form of employment because he was not able to maintain the physical demands of installations of vinyl decks.

In order to seek compensation for your pain, injuries, loss wages, property damage, and loss of future earning capacity, you must provide evidence to demonstrate your losses.

These may include — but are not limited to — past wage loss and loss of future earning capacity, past and future loss of fringe benefits, physical disfigurement, physical pain and suffering.

Several heads of damages may come into play in assessing the value of your claim, including damages for pain and suffering, out - of - pocket expenses like parking and mileage to and from treatment, past wage loss, loss of future earning capacity or lost opportunities to earn income, loss of housekeeping capacity, and costs of future medical care.

[34] The cases cited vary widely in fixing the loss of future earning capacity.

If a loved one has fallen victim to wrongful death in a swimming pool accident, damages can also be collected for funeral costs, lost companionship, and loss of future earning capacity.

loss of future earning capacity (i.e. the amount of money a person will lose in the future as a result of his or her injury);

While each case must be evaluated on an individual basis, damages may include medical expenses and cost of future medical care, loss of wages, loss of future earning capacity, damages for pain, suffering and emotional distress, and punitive damages designed to punish drivers who acted with gross negligence or malicious intent.

Damages can include medical bills, pain and suffering, lost wages, loss of future earning capacity and property damage.

This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store when a vehicle crashed into it.

In addition to your lost income and loss of future earning capacity, you may be entitled to recover any loss of benefits, such as health insurance, pension plans, bonuses or other benefits directly associated with your employment.

More importantly, and for the reasons already given, doing so in this case would visit upon the plaintiff an unduly punitive sanction — one that fails to give any weight: (1) to the challenges associated with forecasting how a court might assess her loss of future earning capacity claim; and (2) to the plaintiff's compromised ability to accurately evaluate her own situation.

It is possible that you may have experienced a loss of future earning capacity, that your capability to act as a caregiver may have been diminished, or that you may need long - term medical care as a result of physical and emotional trauma.

In addition to your lost income and loss of future earning capacity, you may be entitled to cover any loss of benefits as part of the compensation for personal injury.